What to Do When the Police Want to Search Your Home Without a Warrant
August 22, 2018

Downtown Dayton, Dayton

Dealing with law enforcement is often stressful and confusing. Refusing to obey the police in certain situations can have serious consequences, but you also have rights that keep officers from exercising their authority in any way they want. This is especially the case when police come knocking on your door asking to search your home without a warrant. It’s a scenario that could happen for a variety of reasons, and it’s crucial that you know how to protect yourself if it does. Unfortunately, people frequently get arrested and find themselves suddenly facing criminal law charges after making a simple mistake in the presence of law enforcement. To keep this from happening to you, follow the steps below.

How to Handle the Police When They Ask to Enter Without a Warrant

Decide Whether or Not to Open the Door

Regardless of whether you have anything to hide from the police or not, it’s typically best not to willingly invite them inside your home unless you called for help yourself. Even if they are responding to something as straightforward as a noise complaint, there is always the possibility a police search could go wrong, leaving you to fight for your freedom. If law enforcement arrives at your door without a search warrant, it is within your legal right to step outside to speak with them, talk with them through the door, or choose not to answer at all.

Determine the Reason for the Visit

If you decide to talk with an officer, remain polite and calmly ask the reason for their visit. In the event they are there for a noise complaint, apologize for the inconvenience and assure them you will take care of the problem. Some officers may still ask to enter your home. Under these circumstances, it’s a good idea to make it clear that you do not consent to a search and then exercise your right to remain silent. Should they continue to ask questions, inform them you won’t be answering anything until you’ve contacted a criminal law attorney.

Understand When a Warrant Isn’t Required

Although the Fourth Amendment protects U.S. citizens from unreasonable search and seizures, there are some instances in which law enforcement may search a home without a warrant. It’s essential to know what the exceptions to the Fourth Amendment are to ensure you don’t get accused of obstructing a police officer. They may conduct a search if the owner of the property gives consent, they see evidence or contraband in plain view when already on the property, they’re making an arrest inside the home, or there are exigent circumstances, which refers to emergency situations where public safety could be compromised.

If the police show up on your doorstep, you may be intimidated and not fully aware of your rights. A criminal law attorney from the Law Office of Lawrence W. Henke, III will help determine if you’ve been the victim of an illegal search. They offer years of experience representing residents throughout Dayton, OH, and the surrounding areas and have earned a solid reputation for providing effective defense strategies. Call (937) 461-9330 to discuss your encounter with law enforcement, or visit them online to learn more about their criminal law services.

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